Transitioning from a TN Visa to a Green Card through employment-based sponsorship is a viable pathway for many professionals from Canada and Mexico. This blog will outline the key steps and considerations involved in making this transition, including the various employment-based categories, the application process, and tips for a successful application.
Understanding the TN Visa
The TN Visa, created under the United States-Mexico-Canada Agreement (USMCA), allows qualified Canadian and Mexican citizens to work in the United States in certain professional occupations. While the TN Visa is a temporary non-immigrant, holders can transition to permanent residency (Green Card) through employment-based sponsorship.
Employment-Based Green Card Categories
There are several employment-based (EB) Green Card categories, but the most relevant for TN Visa holders are:
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EB-1 (Priority Workers):
- EB-1A: Individuals with extraordinary ability in sciences, arts, education, business, or athletics.
- EB-1B: Outstanding professors and researchers.
- EB-1C: Multinational managers or executives.
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EB-2 (Advanced Degree Professionals and Exceptional Ability):
- EB-2A: Professionals holding advanced degrees.
- EB-2B: Individuals with exceptional ability in the sciences, arts, or business.
- EB-2C: National Interest Waiver (NIW) for individuals whose work substantially benefits the U.S.
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EB-3 (Skilled Workers, Professionals, and Other Workers):
- Skilled workers: Jobs requiring at least two years of experience or training.
- Professionals: Jobs requiring at least a bachelor’s degree.
- Other workers: Unskilled jobs requiring less than two years of training.
Steps to Transition from TN Visa to Green Card
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Labor Certification (PERM):
- Your employer must obtain a labor certification from the Department of Labor (DOL) to show that there are no qualified U.S. workers for the position.
- This involves a rigorous recruitment process, including advertising the job and documenting the recruitment efforts.
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Filing Form I-140 (Immigrant Petition for Alien Worker):
- After receiving the labor certification, your employer files Form I-140 with USCIS.
- This petition demonstrates that both the job and the applicant meet the requirements for the specific EB category.
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Adjustment of Status (Form I-485) or Consular Processing:
- If you are in the U.S., you can file Form I-485 to adjust your status to a Green Card holder.
- If you are outside the U.S., you must go through consular processing at a U.S. embassy or consulate.
Key Considerations and Tips
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Maintain TN Status:
- Maintaining your TN status until your Green Card is approved is crucial to avoid gaps in your work authorization.
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Documentation:
- Ensure that all documents, such as employment records, educational qualifications, and proof of status, are accurate and up-to-date.
Conclusion
Transitioning from a TN Visa to a Green Card through employment-based sponsorship is a structured yet complex process. By understanding the steps involved and working closely with an experienced immigration lawyer, you can successfully achieve permanent residency in the United States through an employer.
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Citations
If you have questions regarding a TN Visa to Green Card through employment, We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.